Question & AnswerQ&A (Republic Act No. 11165)
The short title of Republic Act No. 11165 is the "Telecommuting Act."
Telecommuting refers to a work arrangement that allows an employee in the private sector to work from an alternative workplace using telecommunication and/or computer technologies.
No. Employers in the private sector may offer a telecommuting program on a voluntary basis and upon mutually agreed terms and conditions with the employees.
The terms and conditions must not be less than minimum labor standards such as compensable work hours, minimum number of work hours, overtime, rest days, and entitlement to leave benefits.
Yes. Telecommuting employees must receive the same rate of pay, including overtime and night shift differential, and other monetary benefits, as well as rest periods, holidays, and leave entitlements as those working onsite.
They must have the same workload, performance standards, access to training, career development, appraisal policies, and collective rights as on-premises employees.
The employer must take appropriate measures to protect data used and processed by telecommuting employees, inform them of relevant laws and company rules on data protection, and ensure confidentiality in accordance with the Data Privacy Act of 2012.
Differences should be treated as company grievances. If no workplace grievance mechanism exists or is inadequate, disputes should be referred to the regional office of the Department of Labor and Employment (DOLE) for conciliation.
The DOLE will establish a pilot program to baseline, scope, and profile telecommuting in select industries over up to three years, including monitoring and evaluation, and will submit a report to Congress on its findings.
The Act took effect fifteen days after its publication in the Official Gazette or any newspaper of general circulation.